Legal and Institutional Framework of Disaster Management in India

The Evolution: From Reaction to Preparedness

Earlier, India’s disaster response was reactive — meaning, when a disaster struck, the government used to act after the event — arranging relief, food, medicines, etc.
But now, India has moved towards a proactive and institutionalised structure, meaning — there is a permanent setup, laws, and trained agencies that work not only after but also before a disaster, focusing on risk reduction and preparedness.

This change began in the 1990s, when the UN General Assembly declared the 1990s as the “International Decade for Natural Disaster Reduction (IDNDR).”

So India too created a Disaster Management Cell under the Ministry of Agriculture — because, at that time, disasters were largely seen as agricultural issues (like droughts, floods affecting crops).

But after the 2004 Tsunami — which shook the entire administrative system — the government realised the need for a comprehensive legal framework.
Hence came the Disaster Management Act, 2005, which completely transformed the system.

Disaster Management Act, 2005 — The Foundation

This Act laid down a three-tier system for disaster management:

1. National Disaster Management Authority (NDMA) – at the national level
2. State Disaster Management Authority (SDMA) – at the state level
3. District Disaster Management Authority (DDMA) – at the district level

So, from top to bottom — there is an institutional chain responsible for planning, coordination, and execution.

National-Level Institutional Framework

At the national level, overall coordination is done by the Ministry of Home Affairs (MHA).
It’s like the “control room” of disaster management in India.

The MHA works with:

• NDMA (policy and direction),
• NDRF (response force),
• NIDM (training and capacity building),
• Home Guards, Civil Defence, and Armed Forces, and
• various line ministries and state governments.

National Platform for Disaster Risk Reduction (NPDRR)

Think of this as a national conference table where everyone who has a role in disaster management — from ministers to mayors — sits together.

It is a multi-stakeholder and multi-decision-making body.
👉 Chairperson: Union Home Minister
👉 Vice-Chairpersons: Minister of State (in-charge of disaster management) and the Vice-Chairman of NDMA

Members include:

• Ministers from all States/UTs who handle disaster management
• Mayors of the 6 major metros — Delhi, Mumbai, Kolkata, Chennai, Bangalore, Hyderabad
• 4 Lok Sabha and 2 Rajya Sabha MPs
• 10 Urban Local Body Chairpersons nominated by the Ministry of Urban Development

Functions:

• To review progress in disaster management periodically
• To evaluate how well central and state governments are implementing disaster policies
• To advise on better coordination between different levels of government

So, NPDRR is like the “policy review and coordination forum” of India’s disaster management system.

National Executive Committee (NEC)

Now, if NDMA is the “thinker” — NEC is the “doer.”

It was constituted under the DM Act, 2005 and is chaired by the Union Home Secretary.
It includes Secretaries of important ministries like Agriculture, Defence, Health, Power, Finance, Science & Technology, Environment, Urban Development, etc.
Even the Chief of Integrated Defence Staff is part of it — to ensure coordination with armed forces.

Functions:

• NEC coordinates and monitors all disaster-related activities at the national level.
• It can give directions to Ministries, Departments, or State Governments during a disaster.
• If the disaster has national security implications, then the Cabinet Committee on Security (CCS) gets involved.
• If it is a national-level crisis (like terrorism or hijacking), then the National Crisis Management Committee (NCMC) takes charge.

So, the NEC is the nerve centre for disaster response coordination at the bureaucratic level.

National Disaster Management Authority (NDMA)

NDMA is the apex policy-making body, created under the DM Act, 2005.
It is headed by the Prime Minister of India — this itself shows how seriously the government treats disaster management.

Key Functions of NDMA:

• Lays down policies, plans, and guidelines for disaster management.
• Approves the National DM Plan and those of various ministries.
• Exercises control and direction over the NDRF (National Disaster Response Force).
• Oversees the NIDM (National Institute of Disaster Management).
• Has the power to authorise emergency procurement during disasters.
• Supervises how funds are used for mitigation and preparedness.

So NDMA is both a planner and a policy guide.

National Institute of Disaster Management (NIDM)

Now, NDMA makes policy — but who trains people to implement it?
That’s the role of NIDM — the training and research wing of India’s disaster management system.

Functions:

• Capacity building and human resource development
• Research and documentation of best practices
• Policy advocacy
• Technical support to states through Disaster Management Centres (DMCs)

So, you can call NIDM the “IIT of Disaster Management” — where ideas are developed, people are trained, and knowledge is shared 😊

National Disaster Response Force (NDRF)

This is the specialist force that goes to the ground when a disaster happens.

• Created under the DM Act, 2005
• Works under the general supervision of NDMA, but commanded by a Director General.
• Comprises 12 battalions, each with 1,149 personnel, drawn from forces like ITBP, BSF, CRPF, and CISF.
• Includes engineers, technicians, paramedics, and dog squads.
• Known for its “proactive deployment” — meaning, before a cyclone hits, the NDRF is already stationed nearby.
• This pre-positioning has significantly reduced loss of life and property.

Hence, NDRF represents the operational arm of India’s disaster management system — skilled, equipped, and ready 24×7.

Institutional Framework at the State Level

(a) State Disaster Management Authority (SDMA)

Under the Disaster Management Act, 2005, every state must establish an SDMA, which acts as the policy-making and supervisory body for disaster management in the state.

👉 Headed by: Chief Minister (ex-officio Chairperson)
👉 Vice-Chairperson: Minister in charge of Disaster Management

Functions of SDMA:

• Formulate the State Disaster Management Policy.
• Approve the State Disaster Management Plan consistent with NDMA guidelines.
• Coordinate with different state departments to ensure implementation.
• Review measures for mitigation, capacity building, and preparedness at regular intervals.

In essence:
Just as the NDMA plays this role at the national level, SDMA performs the same function within the state — ensuring that the vision and policies are adapted to local needs.

(b) State Executive Committee (SEC)

👉 Headed by: Chief Secretary of the State (ex-officio Chairperson)

If SDMA is the policy body, then SEC is the executive arm. It ensures that whatever is planned actually happens on the ground.

Key Roles:

• Coordinate and monitor all DM-related activities across state departments.
• Lay down guidelines for preparing and implementing DM Plans at both state and district levels.
• Direct different departments to take specific actions during disasters (like evacuation, relief, or medical support).
• Promote public awareness and organize community training programmes for disaster preparedness.

Simple way to remember:

“SDMA thinks — SEC acts.”

Institutional Framework at the District Level

Now, this is the most action-oriented level — because ultimately, disasters strike districts first. Hence, the District Disaster Management Authority (DDMA) becomes the most crucial local institution.

(a) District Disaster Management Authority (DDMA)

👉 Headed by: District Collector / District Magistrate
👉 Co-Chairperson: Elected representative of the local authority (like Zila Parishad Chairperson or Mayor)

Functions:

• Prepare the District Disaster Management Plan (DDMP).
• Monitor its implementation across all departments in the district.
• Ensure compliance with NDMA and SDMA guidelines.
• Coordinate relief, rescue, and rehabilitation operations.

(b) Roles and Responsibilities of the District Administration

1. Prepare the Disaster Management Plan for the entire district.
2. Coordinate with State Government, local bodies, and NGOs for implementing these plans.
3. Identify local vulnerabilities and hazards — flood-prone zones, drought-prone villages, landslide areas, etc.
4. Review preparedness measures periodically to plug any gaps.
5. Organize training programmes for officials, volunteers, and rescue workers.
6. Facilitate community training — mock drills, awareness campaigns, etc.
7. Set up and maintain early warning systems (e.g., flood sirens, mobile alerts).
8. Coordinate across departments — PWD, Police, Health, Agriculture — during both pre- and post-disaster stages.
9. Review new constructions to ensure they comply with safety and risk reduction norms (for example, earthquake-resistant design in seismic zones).
10. Identify buildings that can be used as relief or evacuation centres.
11. Stockpile relief materials — food, medicine, tents, fuel — in advance.
12. Provide timely information to higher authorities like SDMA and SEC.
13. Ensure communication networks remain functional during emergencies.

In short:
DDMA is the first responder and local coordinator — it translates national and state-level planning into ground action.

Role of Local Authorities

Below the district, the local bodies — Panchayati Raj Institutions (PRIs), Municipalities, District Boards, Cantonment Boards, and Town Planning Authorities — play an equally vital role.

Their responsibilities include:

• Managing civic services like drainage, sanitation, and solid waste — all crucial during disasters.
• Ensuring capacity building of local employees for rescue and relief operations.
• Conducting relief, rehabilitation, and reconstruction in affected areas.
• Preparing their own local-level DM Plans in line with the national and state guidelines.

So, while NDMA or SDMA may set policies, it’s these local authorities who directly interact with the people and ensure the system works on the ground.

Summary of Institutional Structure

Level	Institution	Headed By	Function
National	NDMA	Prime Minister	Policy formulation, national coordination
	NEC	Union Home Secretary	Execution and monitoring
State	SDMA	Chief Minister	State policy and plan approval
	SEC	Chief Secretary	Coordination and implementation
District	DDMA	District Collector	Planning and coordination at local level
Local	PRIs, Municipalities	Local elected heads	Civic management, relief, and training

🎯 Essence

“Disaster Management is not a top-down activity — it’s a chain of responsibility, from the Prime Minister to the Sarpanch. Each level has to function efficiently for the system to work.”

“When a flood comes, no one calls NDMA — people call the Collector. So, disaster management succeeds only when the last man in the chain is empowered, trained, and accountable.”

Financial Arrangements under the Disaster Management Act, 2005

Now imagine: even the best disaster management plans are useless if there’s no money to act.
So, the DM Act (2005) creates a well-structured funding mechanism — both at the Central and State levels — to ensure that resources are immediately available when a disaster strikes.

(a) National Disaster Response Fund (NDRF)

• Managed by the Central Government.
• Purpose: To meet emergency expenses for response, relief, and rehabilitation.
• When a State’s fund (SDRF) is insufficient, extra help comes from this NDRF.
• Earlier, the National Calamity Contingency Fund (NCCF) was used — later merged with NDRF (as recommended by the 11th Finance Commission).

💡 Source of Money:
Comes mainly from the National Calamity Contingency Duty (NCCD) on excisable and imported goods.

(b) State Disaster Response Fund (SDRF)

• The primary fund at the state level for immediate relief — food, water, medicines, temporary shelters, etc.
• Shared between Centre and States:
  👉 75:25 ratio (Centre: State) for normal states,
  👉 90:10 ratio for Special Category States (like those in the Northeast, J&K, Himachal, Uttarakhand).

(c) 2019 Standing Committee on Finance (Dr. M. Veerappa Moily Report)

The Committee made several key recommendations:

Issue	Recommendation / Concern
Scale of Relief	Increase the rates and coverage to include repair of govt. buildings, power infrastructure, etc.
Mitigation Fund	Create a separate Disaster Mitigation Fund for long-term structural measures — not just relief.
Shrinking Revenue	NCCD revenue is falling post-GST; new sources must be identified.
Funding Mechanism	Earmark 10% of Centrally Sponsored Schemes for permanent restoration of disaster-hit assets.
Increase in Funding	Raise annual increase in SDRF corpus from 5% to 15% for 2020–25 to meet the growing gap between demand and release.

🟩 Summary Thought:

“Relief without mitigation is like mopping the floor while the tap is still open.”

So, a Mitigation Fund ensures permanent solutions — stronger houses, flood-resistant roads, better embankments, etc.

National Policy on Disaster Management (NPDM), 2009

This is the vision statement of India’s disaster management strategy — formulated by NDMA.

Vision:

“To build a safe and disaster-resilient India by developing a holistic, proactive, multi-disaster oriented and technology-driven strategy through a culture of prevention, mitigation, preparedness, and response.

Key Objectives:

1. Promote a culture of prevention and preparedness — through education, awareness, and training.
2. Encourage mitigation using both technology and traditional wisdom.
3. Mainstream DM into development — integrate risk reduction into every project (roads, dams, housing).
4. Develop institutional and techno-legal frameworks — like building codes, floodplain zoning, etc.
5. Ensure efficient risk assessment and monitoring systems.
6. Strengthen early warning and communication systems with IT support.
7. Ensure inclusive relief and rehabilitation — especially for vulnerable sections like women, children, elderly, and disabled.
8. Use reconstruction as an opportunity to “build back better”.
9. Promote media partnership — for awareness and responsible reporting.

💡 Key Idea:
The NPDM is like a constitution for disaster management — it lays down principles, priorities, and ethics.

National Disaster Management Plan (NDMP), 2016

India’s first ever national plan under the DM Act.

It operationalizes the NPDM and aligns India’s disaster strategy with three major global frameworks:

1. Sendai Framework for Disaster Risk Reduction (2015–2030)
2. Sustainable Development Goals (SDGs)
3. Paris Agreement on Climate Change (COP-21)

Coverage:

• Applies to all phases — prevention, mitigation, response, and recovery.
• Specifies who does what at national, state, district, and even panchayat level.
• Designed to be scalable and flexible for all types of disasters — natural or man-made.

Five Thematic Areas for Action (TAA):

Thematic Area	Core Idea / Priority (as per Sendai Framework)
1. Understanding Risk	Observation networks, mapping, forecasting, and HRVA (Hazard Risk & Vulnerability Assessment).
2. Inter-Agency Coordination	Strengthening disaster governance and coordination between ministries and agencies.
3. Investing in DRR – Structural Measures	Physical infrastructure like flood shelters, cyclone-resistant housing, embankments, etc.
4. Investing in DRR – Non-Structural Measures	Legal and institutional reforms — building codes, zoning laws, guidelines, techno-legal regimes.
5. Capacity Development	Training, awareness, curriculum design, mock drills, simulation exercises — “preparing before the disaster.”

💡 Sendai Priorities Reflected:

• Priority 1: Understanding Risk
• Priority 2: Strengthening Governance
• Priority 3: Investing in DRR
• Priority 4: Enhancing Preparedness and Recovery

Response Component:

The plan includes a detailed matrix of 18 key activities — like:

• Early warning dissemination
• Search & rescue
• Relief and shelter management
• Media coordination
• Temporary housing and health support

Each activity has clearly mentioned responsible agencies, ensuring accountability.

🧭 Shortcomings of the NDMP (2016)

Although a milestone, it wasn’t perfect.

Issue	Explanation
Too Generic	Activities are vaguely defined — no specific timeframes or measurable indicators.
No Financial Blueprint	Fails to estimate funding requirements or suggest how funds will be mobilized.
Lack of Targets	Unlike the Sendai Framework or SDGs, it doesn’t set explicit goals or numerical targets.
Repetition of Existing Provisions	Much of it repeats what’s already in the DM Act and NDMA guidelines.
Limited Implementation Focus	Plan stops at “what to do” but doesn’t detail “how to do it”.

So, NDMP 2016 was a good start — but more of a broad guideline than a concrete action plan.

NDMP 2019 – The Updated Version

Let’s decode it:

Aspect	NDMP 2016	NDMP 2019
Scope of Disasters	Focused on traditional natural disasters (floods, quakes, cyclones)	Expanded to include climate impacts, biological emergencies (like COVID-19), and cyber threats
Climate Change	Recognized but weakly addressed	Stronger integration of climate adaptation into disaster planning
Early Warning Systems	Discussed, but not advanced	Focus on predictive analytics and advanced technology
Community Participation	Included but limited	Emphasis on community-based disaster management
Integration with SDGs	General alignment	Explicit linkage with SDGs and Sendai Framework
Use of Technology	Briefly mentioned	Greater use of GIS, remote sensing, ICT
Capacity Building	Addressed but not detailed	Specialized training, institutional skill enhancement
Institutional Strengthening	Frameworks existed but lacked detail	Mechanisms for coordination and capacity enhancement
Recovery & Reconstruction	Focused less on “build back better”	Strong focus on BBB (Build Back Better) to enhance resilience
Legal & Policy Frameworks	Basic foundation	Detailed updates and revision mechanisms

💡 Takeaway:

NDMP 2019 = “From Relief to Resilience”
It broadens the definition of disaster, deepens community involvement, and integrates technology and climate adaptation at every stage.

🧩 Final Conceptual Flow

Component	Purpose / Outcome
DM Act, 2005	Legal & institutional foundation
NPDM, 2009	Vision and guiding philosophy
NDMP, 2016	First operational national plan
NDMP, 2019	Updated, technology-driven, SDG-aligned version

🧭 Essence:

“Disaster management is not about reacting to tragedy — it’s about anticipating it, preparing for it, and learning from it.
India’s journey — from the DM Act (2005) to NDMP (2019) — shows the evolution from relief-centric to risk-reduction and resilience-centric governance.”